72nd OREGON LEGISLATIVE ASSEMBLY--2003 Regular Session
Enrolled
House Bill 2175
Ordered printed by the Speaker pursuant to House Rule 12.00A (5).
Presession filed (at the request of Governor Theodore R.
Kulongoski for Oregon Military Department)
CHAPTER ................
AN ACT
Relating to military facilities; amending ORS 396.515, 396.520
and 396.540.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 396.515 is amended to read:
396.515. (1) Subject to the restriction contained in subsection
(4) of this section, the { + Oregon + } Military Department
{ - hereby is authorized to - } { + may + } sell { + ,
exchange or lease + } any
{ - state-owned armory which - } { + military department real
property that + } is found to have become unsuitable { - for
armory purposes or to exchange the same for other real property
located so as to serve conveniently the unit or units of the
organized militia which will or might use such armory - } { +
for military department purposes + }. { + The Adjutant General
shall make a + } determination of { + the + } unsuitability of
{ + the + } property for { - armory - } { + military
department + } purposes and the advisability or necessity of
sale { + , + } { - or - } exchange { + or lease + } of
{ - such - } { + the + } property { - shall be made by the
Adjutant General - } .
(2) Title to any { + real + } property { - so - } sold or
exchanged shall be given in the name of the State of Oregon, and
the deed conveying the { - same - } { + title + } shall be
signed by the Adjutant General. Title to { + real + } property
received in exchange of { - armory property - } { + military
department real property + } shall be taken in the name of the
State of Oregon, and the control of { - such - } { + the + }
property shall be vested in the military department.
(3) { - Armory property - } { + Military department real
property + } owned jointly by the State of Oregon and the United
States, or
{ - state-owned armory property - } { + military department
real property + } subject to federal restrictions in conflict
with ORS 396.505 to 396.545, shall, with appropriate federal
authorization, be subject to the provisions of ORS 396.505 to
396.545.
(4) Prior to { - such sale or other disposition of armory
property as is herein authorized - } { + the sale of military
department real property + }, the military department shall
submit to the Legislative Assembly if in regular session, or to
Enrolled House Bill 2175 (HB 2175-INTRO) Page 1
the Emergency Board when the legislature is not in regular
session, the proposed sale { - or other disposition of
armory - } { + of military department real + } property, for
approval.
SECTION 2. ORS 396.520 is amended to read:
396.520. The sale { + , + } { - or other disposition - }
{ + exchange or lease of Oregon Military Department real
property + }, as authorized in ORS 396.515, { - of armory
property - } which the State of Oregon owns or in which it has
an equitable interest or estate, shall be subject to the
provisions of ORS 270.020, 273.225 to 273.241.
SECTION 3. ORS 396.540 is amended to read:
396.540. (1) Armories may be used by members and units of the
organized militia in accordance with regulations issued pursuant
to this chapter and ORS chapters 398 and 399.
(2) Armories may be used by any veterans' organizations and
their auxiliaries located in the city, town or community where
the armory is located, provided such use will not interfere with
the use of the facilities by the organized militia or result in
risk to federal or state property, and provided that the
organization makes a written request therefor and pays for heat,
lights, janitor service and other expense required by such use.
(3) Armories may be used by any federal, state, county and
municipal bureau, agency or department or by the Armed Forces of
the United States, including the Coast Guard, or by the reserve
components thereof for their official business, provided that
such use does not interfere with the members and units of the
organized militia stationed in such armory, and provided that
such use is approved by the officer in charge thereof and by
military superiors as prescribed by military department
regulations issued pursuant to this chapter and ORS chapters 398
and 399.
(4) Armories may be rented for use by a person, firm,
association or corporation, not specified elsewhere in this
section, for such purposes and upon such terms as may be approved
by the officer in charge of the armory and by military superiors
as prescribed by military department regulations issued pursuant
to this chapter and ORS chapters 398 and 399 and provided that
such use will not, and only so long as such use does not,
interfere with the use of the armory by the members and units of
the organized militia stationed therein.
{ + (5) The Oregon National Guard Association described in
ORS 399.460 may use an armory or other military facility at no
cost, provided that the use is approved by the officer in charge
and by military superiors as prescribed by military department
regulations issued pursuant to this chapter and ORS chapters 398
and 399. + }
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Enrolled House Bill 2175 (HB 2175-INTRO) Page 2
Passed by House January 29, 2003
...........................................................
Chief Clerk of House
...........................................................
Speaker of House
Passed by Senate February 17, 2003
...........................................................
President of Senate
Enrolled House Bill 2175 (HB 2175-INTRO) Page 3
Received by Governor:
......M.,............., 2003
Approved:
......M.,............., 2003
...........................................................
Governor
Filed in Office of Secretary of State:
......M.,............., 2003
...........................................................
Secretary of State
Enrolled House Bill 2175 (HB 2175-INTRO) Page 4